Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
20/02/2024
£3.6m settlement for a 35-year-old self-employed engineer with his own business who sustained a moderately severe TBI, orthopaedic and abdominal injuries in a road accident.
The TBI led to epilepsy which proved difficult to manage with medication. The TBI left him with a subtle dysexecutive syndrome which caused him to continue to make impulsive decisions and to lack awareness of the extent of his cognitive and behavioural deficits.
At the time of the accident his engineering business was in its early days but had potential to generate a significant income for him on his ‘but for’ case.
The abdominal injury left him with a stoma that could not be reversed until he was seizure-free for 12 months so that he could undergo a general anaesthetic. That proved to be a huge source of frustration for him.
The effects of the dysexecutive syndrome were such that he required a fair degree of scaffolding around him to maintain independent living. One of the challenges in the case was persuading him to accept such scaffolding.
The unknown variables in the case were quantifying the ‘but for’ loss of earnings claim given the paucity of a track record of large profits, and quantifying the future care and case management claim in light of the uncertainty as to whether he would tolerate an expensive care package into the medium and longer term.
The claim settled through negotiation.
